BeCapable LLC
Consumer Health Data Privacy Policy
This Consumer Health Data Privacy Policy (this “Policy”) is provided by BeCapable LLC (“BeCapable,” “we,” “us,” or “our”), the operator of the Capable fitness application available at becapable.app (the “Services”).
This Policy supplements, and does not replace, our general Privacy Policy. It applies solely to “Consumer Health Data” as defined under the Washington My Health My Data Act (“MHMDA”) and the Nevada Health Data Privacy Act (“NHDPA”). It does not apply to any other personal information, which is governed by our general Privacy Policy.
This Policy applies to:
- Residents of Washington State, and individuals whose Consumer Health Data is collected in Washington State; and
- Residents of Nevada, and individuals whose Consumer Health Data is collected in Nevada
(each, a “Consumer,” “you,” or “your”).
Not Subject to HIPAA
BeCapable is not a HIPAA covered entity or business associate, and the data described in this Policy is not Protected Health Information (PHI) governed by HIPAA. This Policy addresses consumer health privacy obligations under state law only.
What Is Consumer Health Data
“Consumer Health Data” (“CHD”) means personal information that is linked or reasonably linkable to a Consumer and that identifies the Consumer’s past, present, or future physical or mental health status.
Categories of Consumer Health Data We Collect
Because CHD is defined broadly, the following categories of information we collect may constitute CHD:
- Health and fitness activity data — workouts you log, exercises performed, sets, reps, loads, training history, performance metrics, and physical-activity patterns.
- Physical characteristics and measurements — body measurements and physical attributes you provide.
- Health conditions and limitations — injuries, medical conditions, physical limitations, pregnancy status, and similar information you choose to disclose during onboarding.
- Health information you volunteer to the AI Coach — the AI Coach is a free-text conversational feature, so information you choose to type into it may include health information, potentially including sensitive categories such as injuries, medical conditions, pregnancy, mental-health, or reproductive or menstrual-health information. We do not collect this through any dedicated tracking feature, structured field, or cycle tracker; it is collected only if and when you choose to share it in conversation, and it is processed by our AI provider to generate your coaching responses.
- Images and visual data — progress photos you upload and that we store, and photos or video you submit for AI Form Review.
- Health-related inferences — assessments or inferences about your fitness level, capabilities, or health status that we or our AI features derive from the information above in order to provide coaching and plans.
- Identifiers reasonably linkable to any of the foregoing.
Sources of Consumer Health Data
We collect CHD:
- Directly from you — account setup, onboarding, workout logging, media uploads, and AI Coach conversations.
- Automatically — through your interactions with the Services.
- Derived — as inferences generated by us or our AI service providers from the information above.
How and Why We Use Consumer Health Data
We collect and use CHD only for purposes permitted under MHMDA and NHDPA — primarily, to provide the Services you request. Specifically, to:
- provide and operate the fitness coaching Services;
- generate workout plans and AI coaching responses;
- provide AI Form Review feedback;
- personalize your in-app experience;
- maintain, secure, debug, and improve the Services;
- send administrative and service-related communications; and
- comply with legal obligations.
We do not use CHD for targeted advertising, and we do not sell CHD.
How We Handle AI Form Review Media
Photos and video you submit for AI Form Review are processed transiently to generate your feedback and are not stored or retained by us after processing.
Disclosure of Consumer Health Data
We do not sell your Consumer Health Data. Selling CHD under MHMDA requires a separate, signed valid authorization; we do not seek or obtain such authorization because we do not sell CHD.
We do not share your Consumer Health Data for cross-context behavioral advertising.
We disclose CHD to processors and service providers who process it on our behalf under written contracts that limit their use of the data to providing services to us. The categories of such third parties are:
- AI processing provider — to generate coaching, workout plans, and Form Review feedback.
- Cloud database, authentication, and storage provider — to operate your account and store your data.
- Payment processor — for billing; this provider does not require CHD to process payments.
- Product analytics, error-monitoring, email-delivery, and hosting providers — these are configured so that CHD is not disclosed to them, and analytics are gated behind cookie consent.
We may also disclose CHD when required by law, legal process, or to protect the rights, property, or safety of BeCapable, our users, or others.
Consent
We collect and process the CHD that is necessary to provide the Services you request on that basis, as permitted by MHMDA and NHDPA.
For any collection or processing of CHD beyond what is necessary to provide the Services you request, and before any sharing of CHD, we obtain your affirmative, opt-in consent, which is separate from your acceptance of our Terms of Service. You may withdraw your consent at any time as described below; withdrawal does not affect processing that occurred before withdrawal.
Your Rights
If you are a Washington or Nevada Consumer, you have the right to:
- Confirm and access whether we are collecting, sharing, or selling your CHD, and access that data;
- Withdraw consent to our collection and sharing of your CHD;
- Delete your CHD — upon a valid request, we will delete your CHD from our records and notify our affiliates, processors, contractors, and any third parties with whom the data was shared; and
- Exercise these rights free from discrimination.
How to Exercise Your Rights
Submit a request by email to privacy@becapable.co or through our request form at becapable.co/contact (select the “Privacy / data request” topic).
We will respond within 45 days of receipt, with one possible 45-day extension where reasonably necessary, in which case we will notify you. We may need to verify your identity before fulfilling certain requests.
Appeals
If we deny your request, you may appeal by contacting us at privacy@becapable.co. We will respond to your appeal in writing with our decision and reasoning. If your appeal is denied, you may submit a complaint to the Washington State Attorney General at atg.wa.gov/file-complaint or, for Nevada Consumers, the Nevada Attorney General at ag.nv.gov/Complaints/File_Complaint.
Geofencing
We do not use geofences to identify, track, collect data from, or send notifications to Consumers based on their proximity to any health-care facility.
Changes to This Policy
We may update this Policy from time to time. We will post the updated Policy here with a revised Effective Date and, where required, notify you of material changes.
Contact Us
BeCapable LLC
Email: privacy@becapable.co
Request form: becapable.co/contact